1866-1947: CONSTITUŢIONALISM ŞI AUTOCRAŢIE LA ROMÂNI

Author(s): Ioan Stanomir / Language(s): Romanian Issue: 83/2016

The aim of this paper is to trace back the origins of the two conflicting traditions that exist within the framework of the Romanian constitutional history. Between 1822 and 1947, the Romanian constitutional dynamics has been shaped by the aspiration to borrow extensively from the belgium, french and english public law, with the purpose to set up a political regime of constitutional monarchy and ideological moderation. The 1866 constitution is the climax and the coronation of this prolonged effort. There is, however, an alternative legal paradigm evolving in the same period, an alternative promoting the idea of autocracy. By eliminating the checks and balances guarantees and by curtailing severely human rights, this autocratic approach managed, between 1938 and 1944, to impose its own agenda, by dismantling the rule of law state. The legal and political conversation between these two traditions is at the the very centre of Romanian modernization.

1961 Anayasa Referandumu ve DP Tabanı

Author(s): Fatih Tuğluoğlu / Language(s): Turkish Issue: 24/2019

On May 27, 1960, the national unity committee, which seized power under military intervention, invited universities to refer to constitutional lawyers for the preparation of a new constitution. In the prepared 1961 constitution, it was desired to find solutions to political problems and uneasiness, economic troubles and social problems in the period when the DP was in power. The adoption of the new constitution, which was presented to the public with the referendum, was deemed necessary to return civilian life. Although the referendum activities, which started in an environment where the DP’s political life was terminated, seemed to be the scene of the propaganda of supporters of the constitution, the AP was set up to appeal to the DP voters, especially in the Western Anatolia region. The National Unity Committee has also sent its members to visit the country to discuss with the people and asked the public to accept the new constitution for the new period’s needs and the political controversies of the old era. The fact that the Constitutional Court had a numerical superiority in the founding parliament, which prepared the constitution, and the speeches of the CHP’s spokespersons who had adopted the constitution, caused the DP base to vote in a bad way. The result of the referendum was unexpectedly different because of the negative propaganda and the election of the DP, which were undergoing the secretly, and the participation was high, but not even 70 percent of the vote. The majority of negative votes were the military coup of the DP base and a reaction to the living process. While the result was welcomed in AP, which regarded the future as a hope for power, the National Unity Committee considered that the constitution was acceptable. The outcome of the referendum campaign with the support of the state and the support of the three parties is similar to that of the vote in the elections of 1957, and it is understood that the provinces that supported the DP voted no to the constitution.

20 Years of “Autonomy” For the Gagauz: Reflections on Devolutionary Trends in the Republic Of Moldova

Author(s): Larisa Patlis,Judithanne Scourfield MCLauchlan / Language(s): English Issue: 01/2015

The Republic of Moldova, a small country landlocked between Romania to the west and the Ukraine to the east, is arguably the most complex of the fifteen countries born out of the collapse of the Soviet Union. Moldova is a borderland that is deeply divided between Romanian speakers drawn towards the European Union and Russian speakers who continue to feel the tug of old ties to Moscow. While Moldova may be on the path toward European integration, in many ways it is a country stuck in the unresolved problems of a Soviet past, especially with respect to territorial and national integrity. Our research will focus on the devolved region in the Republic of Moldova: Gagauzia. Much scholarship is devoted to study of the de facto state of Transnistria, but the situation in the autonomous region of Gagauzia is no less important. Upon the 20th Anniversary of the Gagauz Autonomy, we will provide an overview of the developments in Gagauzia from the proclamation of the Gagauz Republic and the conflict it generated to the present state of affairs in Gagauz Autonomy. We will then evaluate problems and prospects for devolution in Moldova, identifying some acute issues in Chisinau‐Komrat relations. Onceconsidered a success and a potential model for settlement of other conflicts in post‐ Soviet space, we will consider whether autonomy in Gagauzia has been achieved.

20 години от приемането на Закона за администрацията

Author(s): Konstantin Pehlivanov / Language(s): Bulgarian Publication Year: 0

20 years ago, the Administration Act was adopted, one of the acts underestimated in our law, which, however, successfully plays the role of a basic governing act that sets the basic rules for the structure of the executive power. Although criticized and demanding improvement, the Act succeeded in creating a legal framework for the structure of the administration following the different legal and organizational structures inherited by socialism and the spontaneous changes thereafter. The report briefly examines the major contributions of the law and the development of the ministerial rank created under this law.

2010 Amendments to the Polish Energy Law

Author(s): Filip Elżanowski / Language(s): English Issue: 5/2011

2014 ALTERNATIVE PROGRESS REPORT: POLITICAL CRITERIA

Author(s): / Language(s): English Issue: 3/2014

This is the second Alternative Progress Report on Bosnia and Herzegovina’s path towards the EU membership. The report is a joint effort of dozens of individuals and organizations whose common goal was to show the current state of integration of Bosnia and Herzegovina from the perspective of civil society organizations. Having in mind that the official Progress Report on Bosnia and Herzegovina is a political report of the European Commission, we believe that the publication of the Alternative report can affect its content. Because of this, we are publishing this Alternative Progress Report nearly three months before the publication of the official one, hoping that it will have an impact on the formulation of the formal report. The report completely relies on the so-called political criteria, focusing on the following questions: - Democracy and the functionality of the State, - Rule of law and corruption, - Human rights, especially the rights of minorities and vulnerable groups, and - Transitional Justice During the 2013 and 2014, we have witnessed that no relevant progress has been achieved. The process of implementation of the Sejdić and Finci v. Bosnia and Herzegovina ruling is completely displaced from the Parliament. Performance of the democratic parliaments and governments on state, entity and cantonal levels is extremely low. The work of the institutions is characterized as unstable, inefficient and with notable lack of transparency. The decisions of the constitutional courts are still not implemented. No significant and systematic policies to combat human rights violations have been adopted. Judicial reform has been stopped and Structured Dialogue on Justice between B&H and the EU does not show any progress. Not a single significant case of corruption has been processed. Minority and vulnerable groups still live in difficult conditions. Discrimination and violence are all-present, and the law on prohibition of discrimination did not show the expected results, having in mind that five years after the enactment of the law, only two final judgments were passed. Comprehensive anti-discrimination policies for social integration either do not exist, or are almost never applied. Floods additionally hit the most vulnerable groups in society. Furthermore, the most vulnerable groups in society have been affected by the recent floods. The prosecution of war crimes and dealing with the past, as prerequisites for creating a healthy environment and building a common state, represent an additional problem. Political support for war criminals by the leaders of political parties only further divide the already highly fragmented society. We hope that the general elections in October of 2014 (although held by discriminatory rules) will bring more stable political structure, ready to face different problems. Initiative for the Monitoring of the European Integration of Bosnia and Herzegovina will certainly advocate change, in terms of adopting new laws and policies, and the implementation thereof. We also hope that the BiH authorities and the EU institutions will support a stronger representation of civil society within the various forums within the EU integration. Civil society must become the third actor in this process along with the State and EU institutions.

2017 Katalan Bağımsızlık Referandumu ve Katalonya Parlamentosu’nun Bağımsızlık İlanına Yönelik Uluslararası Tepkiler

Author(s): Sinem ÇELİK / Language(s): Turkish Issue: 01/2021

The Catalan independence referendum on October 1st, 2017 is one of the most important developments in recent times for both the Spanish central government and Catalonia. As the unilateral declaration of independence of Catalonia after the referendum on October 27, 2017, threatened the territorial integrity and unity of Spain, the Spanish central government was concerned. This important problem between the Spanish central government and the autonomous government of Catalonia has been followed closely by other states as it could mobilize other separatist regions of the world. In this regard, many reactions at the international level have been shared with the public in turn. This study dealt with the Catalan independence referendum held in 2017 in general and it is examined the international reactions to the unilateral declaration of independence by the Catalan parliament after the referendum. The study aims to explain the conditions and context of the 2017 Catalan referendum, as well as to analyze the world's first reactions to the independence decision made after the referendum.

2020 M. RUSIJOS KONSTITUCIJOS PATAISOS IR KONSTITUCINĖS JURISPRUDENCIJOS LABIRINTAI

Author(s): Toma Birmontienė / Language(s): Lithuanian Issue: 1/2021

This article examines the 2020 amendments to the Constitution of the Russian Federation (1993), the process of their adoption, and their impact on the development of constitutionalism in Russia. The constitutional amendments in question were initiated by the President of Russia at the beginning of 2020, were adopted with urgency by the Russian Parliament, were subsequently approved by the “all-Russian vote”, and finally entered into force on 4 July 2020. They not only changed the content of the Russian Constitution, but also altered constitutional values, and have led to a crisis in the identity of the Russian Constitution. These constitutional amendments serve the interests of the authoritarian state and demonstrate the fate of the constitution, where the role of supreme law has been lost. While considering the erroneous path of adopting the 2020 constitutional amendments, this article is devoted to an analysis of the opinion set out in the respective conclusion of the Constitutional Court of the Russian Federation, which assessed the process under discussion and the content of the proposed constitutional amendments by interpreting the provisions of the Russian Constitution. This opinion created preconditions for the entry into force of the amendments to the Constitution. Thus, the main attention in the article is focused, in particular, on the assessment given by the Constitutional Court of the Russian Federation rather than the content of the constitutional amendments. The 2020 amendments to the Russian Constitution can be designated to certain groups, concerning: the institution of the President and the strengthening of his powers; the powers of other state authorities; the composition and powers of the Constitutional Court; provisions on the development of social guarantees; family life; ideological provisions; and the relationship between constitutional law and international law. Thus, the scope and the content of the changes suggests that these amendments constitute not a mere alteration of individual constitutional provisions, but the emergence of new autonomous constitutional content in conflict not only with the text, but also with the spirit of the former Russian Constitution. The Constitutional Court did not make any appraisal of the fact that the proposed amendments to the Constitution fundamentally disrupt the framework of the Constitution itself. The 2020 amendments to the Russian Constitution give rise to many important constitutional questions: where the limits to formal constitutional amendments lie, and whether the constitution can protect itself against foreign matter that apparently destroys its original constitutional ideas and denies the spirit of the constitution. Neither the conclusion given by the Russian Constitutional Court, nor the “all-Russian vote” carried out on 1 July 2020 assuage these doubts. Hence, this article investigates problems related, inter alia, to the nature of constitutional amendments and their destructive role, the role of the Constitutional Court of the Russian Federation in the process of amending the Constitution, and the political character of such an institution in an authoritarian state.

24. konference Církev a stát, Brno, září 2018

Author(s): Záboj Horák / Language(s): Czech Issue: 73/2018

25 godina Daytonskog mirovnog sporazuma

Author(s): Josip Mlakić / Language(s): Croatian Issue: 115/2020

Postoje prijelomni događaji u našim životima, ili su nam se takvima učinili u trenutku kad su se dogodili, i koje stoga pamtimo cijeloga života, i to s takvom živošću da nerijetko pamtimo i neke banalne detalje vezane za trenutak kad smo doznali za njih. Svatko onaj tko je odrastao u bivšoj državi, vjerujem, sjeća se trenutka kad je čuo vijest da je umro Josip Broz Tito, kao i toga gdje se nalazio u tom trenutku, što je radio, kao i osjećaja zbunjenosti i straha pred nečim novim, jer smo intuitivno bili svjesni da ništa više neće biti kao što je bilo. Ili nam se tako činilo u tom trenutku?

25. godišnjica Dejtonskog mirovnog sporazuma: dosezi i problemi u izgradnji mira i funkcionalne države Bosne i Hercegovine

Author(s): Zijad Šehić / Language(s): Bosnian Issue: 01+02/2020

The Dayton Peace Agreement was the result of a compromise, which was its greatest weakness. Instead of being the result of a careful and studious concerted effort to find the right solutions for the lasting peace in the region, for the West the Dayton Peace Agreement was just another in a series of efforts to find an instrument that can achieve the declared political goals. Holbrooke considered the agreement, which had been imposed by himself on the warring parties, to be generally satisfactory, because it stopped the war and established a unified state, reflecting the primary objectives of the United States in Bosnia and Herzegovina. That however, in his opinion, does not meant that the Dayton Peace Agreement is perfect, acknowledging some weaknesses in it. For some time, certain voices from Bosnia and Herzegovina and the international representatives are calling for a modification of the provisions of the Dayton Peace Agreement. Some appeal to the convening of the Dayton II, in order to correct deficiencies of the original plan, which could be clearly seen due to its inefficient implementation. The division of the country into two territorial entities is a fundamental weakness of the Dayton Peace Agreement since it prevents the proper functioning of Bosnia and Herzegovina. The international community has insisted that the two entities strictly implement the Dayton Peace Agreement, but did not know how to fulfill the provisions of Annex 7 of the General Framework Agreement related to the return of refugees, the most important question for the future demographic picture of BiH society. The solution provided by the US diplomats in Dayton is mainly pragmatic one and reflects the balance of military power in the region. In Dayton, the basic rule of international law which stipulates that the international community does not accept the violent conquest and annexation of the territory of another state has been fully respected; this represents the main value of the peace agreement. Confirming the international legal norm of uti possidetis iuris, the signatories of the Dayton Accords have confirmed that norm as the fundament on which the international order has been built on.

30 години конституционно правосъдие : За решенията на Конституционния съд, правовата държава и правосъзнанието

Author(s): Krasimir Vlahov / Language(s): Bulgarian Issue: 7/2021

The article focuses on the significance of the practice of the Constitutional Court of the Republic of Bulgaria and its respect by the public authorities. Two examples of non-compliance with interpretative decisions of the Constitutional Court are looked into, the first of which concerns the mandate of the Supreme State bodies established in the Constitution. The second is related to the Courts’ “monopoly", laid down in the Constitution, regarding the judicial function and its attribution to the regulation of the disciplinary liability of lawyers in the Bulgarian Bar Act - in particular, the possibility of exercising judicial control over the decisions of the Supreme Disciplinary Court. The need to respect the case law of the Constitutional Court is furthermore discussed. In this regard, attention is also given to the useful tool in the management of the courts, which is the so-called "Judicial self-government” and its establishment in law while ignoring a previous decision of the Constitutional Court.

30 години конституция на Република България

Author(s): Emilia Drumeva / Language(s): Bulgarian Issue: 2/2021

The Constitution embodies the experience gained and bears the traces of tradition, at the same time it brings and gives perspectives for development. The ability of a constitution to endure the amendments, to grow up with the practice of its application and interpretation is in service of its purpose –to be an instrument for government which is restricted and controlled by the means of democracy. However, it is a manifestation of the very essence of the Constitution as a social contract and a supreme law.

30 години Конституция на Република България - постижения и предизвикателства

Author(s): Nikolay Draganov / Language(s): Bulgarian Issue: 2/2021

Through the violation over the Constitution we see several things – getting stronger global pressure, political neglect, often fully conscious, of the Basic law, but also the stability its values and the people’s will for keeping the current agenda, duties, rights and freedoms. The unstoppable pressure, which acts against the countries, is getting stronger and the desires of the oppressors aren’t only about the world progress and the rapprochement of the people. Actually, such a drastic political change would provoke an explosion, which we have seen, but smaller, in Western Europe mostly in 2015-2016. A drastic change in the international politics would provoke a global ethnoreligious explosion with titanic and unpredictable consequences. One of the defense mechanisms is the Constitution., which, even being 30 years old, still can combine modernity and conservatism in one, avoiding the sweet opportunity to fall from extremity to extremity. With the achieved results, the challenges in front of it are also getting more and more.

30 години Конституция на Република България - постижения и предизвикателства

Author(s): Nikolita Valeva / Language(s): Bulgarian Issue: 2/2021

The comparison of the Constitution with a mother is metaphorical, because the mother cannot be compared to anything else in the world. But looking at the Constitution always evokes both thoughts and feelings. The basic law is part of the inner and outer world of man. The Constitution of Bulgaria continues to be one of the greatest successes of modern Bulgarian society. The first step is to impose a democratic constitutional model of state functioning. It was made 30 years ago and is undoubtedly a great achievement. Bulgaria has become a modern state governed by the rule of law. The point of solid foundations is to give a perspective for building something in the future. The recognition of the constitution lays the foundations of the rule of law. Efforts are then needed to ensure that the rights and principles set out in this order are protected.

30 години Конституция на Република България - постижения и предизвикателства

Author(s): Radoslav Smailov / Language(s): Bulgarian Issue: 2/2021

The parliamentary system is democratic as long as the Constitution is respected. The situation in our country will significantly improve if the laws and provisions of the Constitution are observed, and this will have a positive impact on the population’s standard of life. All this naturally leaves its mark on the combination of the traditional requirements for democracy and efficiency of the constitutionalsystem of government. It is true that in this form the Constitution complicates the parliamentary system of government, but it also becomes more sustainable, and the complexity of political institutions and procedures usually leads to stability.

51. kongres Essener Gespräche zum Thema Staat und Kirche, Mülheim an der Ruhr, březen 2016

Author(s): Záboj Horák / Language(s): Czech Issue: 64/2016

52. kongres Essener Gespräche zum Thema Staat und Kirche, Mülheim an der Ruhr, březen 2017

Author(s): Záboj Horák / Language(s): Czech Issue: 67/2017

54. kongres Essener Gespräche zum Thema Staat und Kirche, Mülheim an der Ruhr, březen 2019

Author(s): Záboj Horák / Language(s): Czech Issue: 75/2019

Ve dnech 18. až 19. března 2019 se konala v Katolické akademii Wolfsburg v Mülheimu nad Ruhrem (Severní Porýní – Vestfálsko) 54. výroční konference konfesního práva Essener Gespräche zum Thema Staat und Kirche, organizovaná Biskupstvím essenským, tentokrát věnovaná tématu stého výročí schválení konfesněprávních ustanovení Výmarské říšské ústavy.

6. SINIF SOSYAL BİLGİLER DERS KİTABINDA VATANDAŞLIK ALGISI

Author(s): Esra DERELİ,Naime Adak,Ahmed Emin OSMANOĞLU / Language(s): Turkish Issue: 5/2013

Citizenship status is a right that is given to the persons and it is under constitutional guarantee. In modern national states, citizenship functions around two models, which are called liberal and republican. Liberal model mostly emphasizes the constitutional rights while the republican model is more focused on obligations. In this context, the objective of this study is to compare citizenship perceptions of Turkey in terms of its social studies textbooks used in 6th grades. This study seeks answers to the following question: What type of citizenship perception comes into prominence in Turkey’s textbooks: Is it citizenship that has rights or citizenship that has obligations? Content analysis and comparative research methods are used in this research. In content analysis stage, citizenship category was identified first, and was approved by three educational sciences experts to achieve the validity of the methodologies. Research data were obtained by scanning textbooks in accordance with citizenship category. To demonstrate the reliability of the study, coding schemes were made twice by a-week apart. More than 80% agreement is achieved between the two codes. Findings were formed by identifying distributions of frequencies and percentages.